{"operation":"document","citation":"06-0214","title":"Industrial Health & Safety Consultants — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-11-07","effective_on":null,"summary":"06-0214 response to Industrial Health & Safety Consultants concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0214.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0214.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0214","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060214.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and Hazardous\nMaterials Safety Administration\nNOV 7 2006\nMs. Denese Deeds\nIndustrial Health & Safety Consultants\nRef. No.: 06-0214\n17 Hazel Terrace\nWoodbridge, CT 06525\nDear Ms. Deeds:\nThis is in response to your September 19, 2006, letter requesting clarification of (49 CFR Parts\n100-185). Specifically, you ask whether contract logistics providers who are responsible for the\npreparation of shipping papers and the loading and unloading of hazardous material shipments\nmust register.\nIn your letter, you present the following scenario:\nCompany \"A\" contracts the delivery of mail, equipment, and hazardous materials\nbetween its facilities to a contract logistics provider, Company \"B\". While Company \"B\"\nand its personnel are responsible for the movement of these deliveries, Cornpany \"A\" is\nthe offeror of the hazardous material and their equipment is used and at no time does\nownership of the materials transfer to Company \"B\". As the logistics provider, Company\n\"B\" is responsible for the preparation of shipping papers and the loading and unloading\nof the hazardous material shipments. You further note that many of the hazardous\nmaterial shipments utilize public roads and require placards.\nThe answer is yes. In accordance with § 107.601, a person who offers or transports hazardous\nmaterials in the amounts listed must register. Based on the scenario described in your letter, the\nperson who transports, loads, unloads or prepares a shipping paper for a hazardous material\nshipment in an amount required for registration, must register. You should also be aware the\nrequirement to register is retroactive and registration is required for all prior years in which a\nperson was engaged in activities requiring a hazardous material registration and failed to register.\nI hope this satisfies your request.\nSincerely,\nTakE bits\nCharles E. Betts\nSenior Transportation Specialist\nOffice of Hazardous Materials Standards\n107.601\n173.22\n060214\n\n<<<PAGE 2>>>\n\nINFOCNTR < PHMSA>\nFrom:\nTo:\nSent:\nREGISTER < PHMSA>\nTuesday, September 19, 2006 9:51 AN\nBAH\nSubject:\nFW:\nINFOCNTR <PHMSA>\n3107.60,\n3173.22\nCOMPLETED BY TELEPHONE 9/19/2006\nGR 3: 05PM\nRegistration\" Shisperibility\nJohn James\nCatapult Technology\n06-0214\nAdministration\nContractor to Department of Transportation Pipeline and Hazardous Materials\nSafety\njohn. james@dot.gov\n(202) 366-4518\nFrom: Nobody [mailto:nobody@bugatti.volpe.dot.gov]\n-----Original Message----\nTo: REGISTER < PHMSA>\nSent: Tuesday,\nSeptember 19, 2006 10:00 AM\nSubject:\nSubject: Registration Program\nd.deeds@ih-sc.com\nDenese Deeds (d.deeds@ih-sc.com) on Tuesday, September 19, 2006\nis the result of your feedback form.\nQuestions/Comments\nIt was submitted by\nat 10:00:11.\nEmail:\nd.deeds@ih-sc.com\nName:\nDenese Deeds\nCategory: Do I Have to Register?\nOrganization:\nIndustrial Health & Safety Consultants\nStreet:\n17 Hazel Terrace\nCity:\nWoodbridge\nState:\nConnecticut\nZip Code:\n06525\nPhone: 203-929-3473\nFax:\n203-929-5823\nComments: Dear Sir or Madam;\nThe purpose of this letter is to request clarification of the DOT requirement for Hazmat\n(Company A) that uses a contract logistics provider (Company B) to make deliveries of\nnail, courier packages, equipment, and Company A materials including hazardous materials\nparty logistics provider and at no time has title or ownership interest in the\netween various Company A facilities in a limited geographic area. Company B is a third\nmaterials are carried on public roads. Both the hazardous materials and vehicles are owned\nshipments/deliveries.\nThe hazardous materials require placarding in some cases and the\n1\n\n<<<PAGE 3>>>\n\nvehicles operate under Company A's DOT authority, and Company A holds a Hazmat\nand maintained by Company A. Company A is the offeror of the hazardous materials, all\nregistration. Company B provides drivers and other logistics personnel who load, unload\nbills of lading for the shipments per the direct instruction and request: of Company A,\nand drive the vehicles. Company B provides supervisory staff on-site and prepares the\nprovided by Company A.\nwith all shipping descriptions and information pertaining to the hazardous materials being\ncovered by Company A's registration? If Company B is required to have a separate Hazmat\nIn this case is Company B required to have a separate Hazmat registration or are they\nregistration, who's DOT number would the vehicles and drivers operate under?\nThank you for your assistance. Please let me know if you need any further information.\nWants a Written Letter of Interp.\n2","truncated":false,"body_characters":4579}